Domestic Violence Attorney

Leslie Loftus, top-rated domestic violence attorney in Sarasota, has nearly four decades of experience fighting for those in need.

Sarasota Florida Domestic Violence Attorney

Domestic violence is a criminal offense, and there are several legal aspects that govern how it is defined, prosecuted, and punished. Here are some key points to consider:

Domestic Violence Definition

In Florida, domestic violence is defined as any assault, battery, sexual assault, stalking, kidnapping, or any other criminal offense resulting in physical injury or death of one family or household member by another family or household member.

There are several situations which can be considered domestic violence under Florida law. For example, stalking is an act of domestic violence and obtaining a restraining order is an option provided that all statutory criteria are met and the Court finds the petition to be meritorious.

Criminal charges: Domestic violence is a criminal offense, and charges can be filed against the offender. The charges can range from a misdemeanor to a felony, depending on the severity of the offense.

Protective orders: In Florida, victims of domestic violence can obtain a protective order, also known as a restraining order, to protect themselves from the abuser. This order can prohibit the abuser from contacting or coming near the victim or their family members and can also grant the victim exclusive use of the family home.

Penalties: Penalties for domestic violence in Florida can include fines, probation, community service, counseling, and jail time. The severity of the penalty depends on the severity of the offense, the offender’s criminal history, and other factors.

Mandatory arrest: In Florida, police officers are required to make an arrest if they have probable cause to believe that domestic violence has occurred. This means that even if the victim does not want to press charges, the police can still make an arrest if they believe that domestic violence has occurred.

Repeat offenses: In Florida, repeat offenses of domestic violence can result in harsher penalties, including longer jail sentences and mandatory counseling.

Reporting requirements: In Florida, certain professionals, such as medical providers, teachers, and law enforcement officers, are required by law to report suspected cases of domestic violence to the appropriate authorities.

Domestic Violence and Divorce in Florida

Domestic violence can have a significant impact on divorce cases in a number of ways, both legally and emotionally. Here are some ways in which domestic violence can affect divorce cases:

Parental responsibility and child custody: Domestic violence can have an impact on parental responsibility and child custody arrangements. The court will take into account the history of domestic violence and the safety of the children when deciding on those issues.  If the abused spouse can prove that the other spouse is a danger to the children, the court may restrict or even deny time-sharing.

Spousal support: Domestic violence can also impact spousal support, also known as alimony. If the abused spouse can prove that the other spouse’s domestic violence affected their ability to earn income, the court may award them a higher amount of spousal support.

Property division: Domestic violence may also be taken into account during property division in a divorce. If the abused spouse can prove that the other spouse’s domestic violence affected their ability to accumulate assets during the marriage, the court may award them a higher percentage of the marital property.

Emotional impact: Domestic violence can have a significant emotional impact on both parties during a divorce. The abused spouse may be dealing with trauma and other emotional issues that can affect their ability to negotiate the terms of the divorce. The abusive spouse may also be dealing with feelings of guilt, shame, or anger that can make it difficult to negotiate fairly.

Contact Loftus Law Today, We Can Help!

Ms. Loftus has handled many cases involving domestic violence and formerly chaired the Circuit’s Domestic Violence Task Force. “Domestic violence” can be emotional or physical abuse, or a combination of both. It is imperative that parties and their children remain safe in any family law proceedings, and Ms. Loftus works with clients to take such steps as are reasonable and warranted based upon a given set of circumstances.

Having an experienced family law attorney on your side in the courtroom is a good idea to protect your legal rights and assist you with obtaining the relief you seek in court. Whether you are seeking to obtain an injunction against an abusive spouse or defending accusations of abuse, Ms. Loftus, a divorce lawyer, will explain your rights under the law and work closely with you to achieve your legal goals and maintain the safety of you and your fam

Testimonials

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She’s tough when she needs to be tough, but always open to finding middle ground if that is her client’s wish.

– Avvo review

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On many occasions when I would worry about false statements and misinformation, she would refocus me with simple statements.

– Jennifer

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